Abstract

The Author points out the scant critical concern of the Italian scholars and the whole absence of judicial decisions about this subject which is envisaged at the article 24 of Act number 332/1995. He identifies the reasons for this circumstance in some early misleading interpretations of the problem. What he's trying to do is to provide a new interpretation of the rule, so as to verify either the consistency of the envisaged remedy with the Italian constitutional provisions and its practical usefulness. The conclusions to which the Author gets are positive on both sides.